March 8, 1957 

Senator Jep S. Fuller Opinion No. WW-57A 

The Senate of the State of Texas 

Austin,Texas Re: Significance of the word 

"paramount" 88 ahown on 

Page 2 of the committee 

substitute for Senate 

Dear Senator Fuller: Bill 100. 

Your request for en opinion of this office in your letter 

of February 21, 1957, on the above subject matter Is in part as follows: 

"I am submitting herewith the committee substitute for 

Senate Bill 100. 

"The Transportation Committee directed me, as chairman, 

to refer this bill to your Department for a ruling on.the 

significance of the word 'paramount' on page 2 of the Committee Substitute for Senate Bill 100." 

The part of the committee substitute for Senate Bill 100 pertinent to your inquiry Is as follows: 

"2. It shall be the duty of the Commi$.onera to see 

that upon each railroad in this State carrying paesengera 

for hire there shall be run at least one train each day, 

Sundays excepted, upon which paeeengers shall be hauled; 

provided, however, the Commlseion may, in ita dlacretion, 

upon application filed and after notice and hearing, relax such requirement a8 to any railroad, or part, portion 

or branch thereof, when, (1) in its opinion, public convenience permits of such relaxation, and ahall relax such 

requirement when it appears upon such hearing that the 

-ing of one train each day, Su~@%yn excepted, 1s not 

necessary in the rendition of adequate service to the public; and, when, (2) in its opinion, that on any railroad, 

or part, or portlon or branch thereof, passenger service 

as frequent a8 one train each day, Sundays excepted, with 

the passenger traffic offered and reasonably to be expected, does not and will not pay the cost of such service plus a reasonable return upon the property employed 

in the rendition of such service; provided, however, that 

the public convenience and the adequacy of the service to 

the public shall always be a paramount consideration in 

determining whether or not the requirement of operating 
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Senator Jep S. Fuller, Page 2 (WW-57A) 

at least one train a day shall be relaxed because the cost 

of such service is not yielding a reasonable return upon 

the property employed in the rendition of euch servicei 

1, * . 0 

Article 10, Section 1, Vernon's Civil Statutes, directs that 

in the construction of all civil statutory enactments "the ordinary nigniflcatlon shall be applied to words, except words of art or worde connected with a particular trade or subject matter, when they shall have 

the signification attached to them by experts in such art or trade, with 

reference to such subject matter." Since the word "paramount" ie not 

a word of art or a word connected.with aparticular trade or subject 

matter, the ordinary signification must be applied. 

The term "paramount s ie defined as follows: 

"Adj. Having a higher or the~highest rank or juriadiction; superior to all others; chief; supreme; preeminent -- often with to; as, a duty paramount to all. Syn. 

-- see dominant." Webster's New International Dictionary, 

Second Edition, Page 1773. 

"1. Possessing or pertaining to the highest title or 

jurisdiction; supreme in authority; as a paramount chief; 

paramount rule. 2. Possessing the highest degree of importance; superior to all others; supremely controlling; 

as paramount obligations; a paramount necessity. 3. Superior; higher: used prepositionally. Sny. chief, eminent, foremost, preeminent, principal, superior, supreme." 

Funk and Wagcell's New Standard Dictionary of the English 

Language, Page 1792. 

"Higher; superior; preeminent; of the highest rank 

or nature. It is a word frequently used in ordinary life, 

and having no technical or legal significance calling for 

a discrimination in the niceties of the meaning involved 

in the different ideas that may be drawn from a given situation." Volume 67 of Corpus Juris Secundum, Page 558. 

The writer has carefully checked and has found no Texas Court 

decision construing the word "paramount“. Some courts in other juriadictions have judicially defined the word according to information stated in Words and Phrases, Permanent Edition, Volume 31, Page 53 and 1956 

Pocket Parts. These judicial definitions conform with the above dictionary and encyclopedia definitions, 

It is clear that the word "paramount" given its ordinary signification refers to something that is superior; higher; preeminent; 

above all; of highest rank or nature. This necessarily conveys the idea 

that the consideration of the public convenience and the adequacy of 
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Senator Jep 5. Fuller, Page 3 (WV-57A) 

the ~renice to the uublia shall be a ruDerior oomaideration am oanpared 

with the oonelderation or the 00843 of operation mhem the oclrieaion ie 

seeking to determine whether or not to relax the requirement of operatu at leant one train a day. 

We we of the opinion, however, that the above MBtiOUed provie0 which omtalne the word wpararmat* ie, in effect, meaninglses for 

the r0ihfingr08mif3: 

Artiole 6479, sought to be amended, provided that the Railroad 

Camuiesicm could relax in the requirement or running at least one pasaenger train each day "when, in ite opinion, public convenience permite 

of such relaxation end ehall relax such reqnirsmemt when it appeare upon 

such hearing that the nmnimg of one train each day, Sundays excepted: 

is notneoeseary in the rendition of adequate service to the public, 

z that on any railroad or pert or portion or branch thereof, passenger 

service as frequent as one train each day, Sundays exoepted, with the 

passenger traffic offered or reaeonably to be expected does not and will 

not pay the eoet of suoh eenice plus a reeeonable return upon the proaerty employed in the rendition of such eervloe." 

Under the proposed bill, the words "and, when (2) in lte opinion" has been substituted for the word "or" which is underlined above, 

sothat under the proposed bill the Railroad Ccenmission before it permite the relaxation of service must find (1) that public convenience 

permits of suoh releae.t.ion end that the nmning of one traineaoh day, 

except Sunday, is not neoeesary In the rendition of adequate service 

to the public; and also must find (2) that the paesenger traffic offered and reasonably to be expected does not and will not pay the cost 

of such service plus a reasonable return upon the property employed in 

the rendition of such service. 

If the Railroad Commission must make affirmative findings on 

both of these issues, it appears to be Wuaterialwhich ehall be given~ 

paremount consideration. Affirmative findings muet be m&e on eech iasue and if an affixmative~ finding on each iaaue is required, it is wholly ixmatsrialwhich the Commission ooneidere of greatest importance. 

Opinion ho. UW-57 dated March 8, 1957, is withdrawn and this 

opinion is substituted in lieu thereof. 

The word "paramoant" as used on page 2 of the Canmittee Substitute for Senate Bill 100 conveys the 

idea thatthe consideration of the public convenience and the adequacy of the service to the public shall be a superior consideration a8 compared 

with the consideration of the cost of operation 

when the camaission is seeking to determine wheth- 
Senator Jep 5. Fuller, Page 4 (WV-57A) 

er or not to relcu the requirement of operating at 

lea&one paamga@r tra*ada~. Howemr, the 

Bill prowieo vkioh ooat#~ the word "parmount" 

in, In effieot, meaningle68. 

WILL WILL WIISOR WIISOR 

Attoryy Attorney General 

BY 

dweml A. Ca!aree 

Aesimtant 

OPDIICle COkQdI!mm 

H. WadyChandler,Chainwa~